from 01.01.2007 to 01.01.2022
Ekaterinburg, Ekaterinburg, Russian Federation
Issues of criminal liability for acts, the single (initial) commission of which entails administrative liability, have in recent years moved from the category of purely doctrinal to law enforcement. At the same time, their severity does not decrease, since in many respects the possibility of his correction and taking the path of respect for rights and freedoms depends on the choice of the most appropriate (expedient, fair, etc.) measure of responsibility for the offender. Taking into account the initial refusal of the Russian legislator to use administrative prejudice when constructing rules on criminal liability and the subsequent “rehabilitation” of this approach, it makes sense to turn to the history of the formation and development of this approach in the Soviet period. The article critically evaluates the doctrinal point of view about the “broad” experience of using administrative prejudice in the construction of the norms of the Special Part of the Criminal Code of the RSFSR of 1960; The characteristic features of norms with administrative prejudice are noted, as well as the specificity of the social relations they protect.
administrative prejudice, Soviet legislation, legislation of the RSFSR, criminal code of the RSFSR, construction of norms, criminalization, public danger, Criminal Code of the RSFSR 1922, Criminal Code of the
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21. On introducing amendments and additions to the Criminal Code of the RSFSR and the RSFSR Code of Administrative Offenses: law of the Russian Federation no. 2509-1 of March 13, 1992. Russian newspaper, 1992, no. 84. (In Russ.)
22. On strengthening liability for unauthorized extraction of amber: law of the Russian Federation no. 2540-1 of March 18, 1992. Rossiyskaya Gazeta, 1992, no. 88. (In Russ.)
23. On introducing amendments and additions to the Criminal Code of the RSFSR, the Criminal Procedure Code of the RSFSR and the Correctional Labor Code of the RSFSR: law of the Russian Federation no. 4901-1 of April 29, 1993. Rossiyskaya Gazeta, 1993, May 17. (In Russ.)
24. On introducing amendments and additions to legislative acts of the Russian Federation in connection with the streamlining of liability for illegal trade: law of the Russian Federation no. 5304-1 of July 1, 1993. Rossiyskaya Gazeta, 1993, no. 153. (In Russ.)
25. On Amendments and Additions to the Code of Marriage and Family of the RSFSR, the Criminal Code of the RSFSR, the Criminal Procedure Code of the RSFSR, the Code of the RSFSR on Administrative Offenses: federal law no. 28-FZ of July 3, 1995. Rossiyskaya Gazeta, 1995, no. 52. (In Russ.)
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